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PUSHPENDRA SINGH BHATI
Subhash – Appellant
Versus
State – Respondent
JUDGMENT
Pushpendra Singh Bhati, J. - In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.
2. This Criminal Appeal has been preferred under Section 374 Cr.P.C. praying for the following reliefs:-
"It is, therefore, prayed that this appeal may kindly be accepted, the conviction of the appellants be set aside and they be acquitted."
3. The matter pertains to an incident that occurred in the year 1990 and the present appeal has been pending since 1992.
4. Vide impugned judgment dated 31.10.1992 the learned Additional Sessions Judge, Churu in Sessions Case No. 78/92 (20/91) convicted the appellants as under:-
Appellant No. 1 Subhash convicted for the offence under Section 304 Part-II IPC and sentenced him to undergo seven years R.I., along with a fine of Rs. 200/- default in payment of which he was to further undergo 2 months' R.I.
Appellants No. 2 to 9 convicted for the offence under Section 304 Part-II read with Section 149 of IPC and sentenced them to undergo seven years R.I., along with a fine of Rs. 200/- default in payment of whi
The main legal point established in the judgment is the application of the Probation of Offenders Act, 1958, based on the nature of the offence, the age of the appellant, and the absence of criminal ....
The central legal point established in the judgment is the entitlement of a person below 21 years and without previous criminal antecedents to the benefit under the Probation of Offenders Act.
The central legal point established in the judgment is the entitlement of the accused-petitioner to the benefit under the Probation of Offenders Act, 1958, based on the absence of criminal antecedent....
The main legal point established in the judgment is the entitlement of accused-appellants to the benefit under the Probation of Offenders Act, 1958, based on the absence of criminal antecedents and t....
The main legal point established in the judgment is the court's discretion to extend the benefit of probation under the Probation of Offenders Act based on the nature of the offence and the character....
The court applied the legislative intent of the Probation of Offenders Act and previous decisions to extend the benefit of Section 4 to the accused-appellant, allowing release on probation with speci....
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